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(영문) 청주지방법원 제천지원 2013.11.21 2013고단735
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Class C freight vehicles.

On August 26, 2013, the Defendant driven the above vehicle on August 18:48, 2013, and led to the intersection in the vicinity of the soft-dong, Cheong-dong, Cheongdong, at the Cheong-dong, to the Cheong-dong Hyundai Apartment.

Since the place is a narrow one lane through which the above cargo vehicle can pass through, pedestrians or bicycle operators are used by them, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is not able to drive a motor vehicle at a speed or in a manner that causes danger and disability to others.

Nevertheless, the Defendant neglected this and did not discover the bicycles driven by the victim D (the aged 45) who passed from the Cheongdong post office to the Cheongdong post office on the left side of the above bicycle, and shocked the front part of the above bicycle into the rear part of the above vehicle, and led the above victim to fall down on the side floor of the road.

Accordingly, at around 06:17 on August 29, 2013, the Defendant caused the death of a victim who was receiving medical treatment at a F Hospital located in Incheon-si E due to the above occupational negligence, with the pressure of brain cerebral cerebral cerebral cerebral cerebralop.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of fines (Consideration of initial crimes, agreement, degree of negligence of defendants,

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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